Federal Court of Australia
CATCHWORDS MIGRATION - Refugees - application for refugee status in Australia - applicant previously granted refugee status in Germany - whether Article 1E of the Convention Relating to the Status of Refugees required the allegation of fear of persecution to be tested by reference to the conditions in Germany or by reference to conditions in the State of Nationality - whether the rights of the applicant were the rights of a German National - whether proof of attitude of German competent authorities relevant. Convention Relating to the Status of Refugees; Art 1E. Vienna Convention on the Law of Treaties; Arts 31, 32. Migration Act 1958 (Cth); ss476, 478, 485. Federal Court Rules; O54B r2. Nagalingam v Minister for Immigration, Local Government and Ethnic Affairs (1992) 38 FCR 191; discussed and applied. Minister for Foreign Affairs and Trade v Magno (1992) 112 ALR 529; referred to Chan Yee Kin v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379; referred to. Polish Refugee Compensation Case (1987) 72 ILR 647; applied. Hurt v Minister of Manpower and Immigration (1978) 21 NR 525; referred to. REZA BARZIDEH v MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS No. WG54 of 1995 HILL J SYDNEY (Heard in Perth) 21 AUGUST 1996
IN THE FEDERAL COURT OF AUSTRALIA ) ) WESTERN AUSTRALIA DISTRICT REGISTRY) No WG 54 of 1995 ) GENERAL DIVISION ) BETWEEN: REZA BARZIDEH Applicant AND: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent
CORAM: HILL J PLACE: SYDNEY (Heard in Perth) DATED: 21 AUGUST 1996
MINUTES OF ORDER
THE COURT ORDERS THAT:
1. The application be stood over to any date in December. 2. Each party has liberty to apply upon seven days' notice. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA ) ) WESTERN AUSTRALIA DISTRICT REGISTRY) No WG 54 of 1995 ) GENERAL DIVISION ) BETWEEN: REZA BARZIDEH Applicant AND: MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS Respondent
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